THIRD SECTION
DECISION
Application no. 28524/10
Igor Konstantinovich SOTNIKOV against Russia
and 34 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 3 December 2020 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 8 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention (see the appended table).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Russia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 14 January 2021.
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 8 of the Convention
(allocation or transfer to a remote penal facility irrespective of family life considerations)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under well‑established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant/household
(in euros)[1]
28524/10
13/04/2010
Igor Konstantinovich SOTNIKOV
1968
Markov Eduard Valentinovich
Budapest
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony
25/09/2020
16/09/2020
6,000
20691/13
13/02/2013
Dmitriy Lvovich VASILYEV
1958
Arkadiy Viktorovich VINOGRADOV
1983
Mezak Ernest Aleksandrovich
Syktyvkar
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony
25/09/2020
15/10/2020
6,000
36987/13
20/05/2013
Mikhail Yevgenyevich SAFRONOV
1985
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
25/09/2020
14/09/2020
6,000
74186/14
13/11/2014
Household
Larisa Konstantinovna ROZLOVANU
1980
Dmitriy Viktorovich MININ
1977
Vinogradov Aleksandr Vladimirovich
Kostroma
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
25/09/2020
01/07/2020
6,000
52229/17
10/08/2017
Household
Vitaliy Anatolyevich SUKHININ
1969
Nadezhda Nikolayevna SUKHININA
1945
03/07/2020
19/08/2020
6,000
4404/18
22/12/2017
Household
Sergey Albertovich SHTINNIKOV
1972
Galina Mikhaylovna SHTINNOKIVA
1946
Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of detention and the applicant’s placement in a remote correctional facility;
Art. 3 - inadequate conditions of detention - the first applicant also complained about his detention in IK-6 Orenburg Region; since 29/08/2002 and pending;
2-3.5 sq. m of personal space; constant electric light, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light
09/10/2020
02/10/2020
15,900
26753/18
19/05/2018
Dmitriy Leonidovich SVETLOV
1965
Ivanova Natalya Vladimirovna
St Petersburg
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
09/10/2020
20/10/2020
6,000
27633/18
21/05/2018
Dmitriy Sergeyevich POZDNYAKOV
1983
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
18/09/2020
01/07/2020
6,000
31074/18
26/06/2018
Household
Andrey Anatolyevich YUDIN
1970
Vera Ivanovna YUDINA
1931
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation of to a remote colony.
09/10/2020
10/09/2020
6,000
36052/18
17/07/2018
Aleksandr Viktorovich SBORNYY
1982
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
20/10/2020
13/08/2020
6,000
43903/18
03/09/2018
Ivan Leonidovich STROKOV
1977
18/09/2020
22/06/2020
6,000
48423/18
27/09/2018
(3 applicants)
Household
Tatyana Viktorovna PROKHORENKO
1951
Aleksandr Pavlovich PROKHORENKO
1955
Artem Aleksandrovich PROKHORENKO
1985
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/09/2020
16/09/2020
6,000
55439/18
07/03/2019
Vladimir Aleksandrovich POPOV
1984
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
18/09/2020
02/07/2020
6,000
5272/19
04/01/2019
Aleksandr Yuryevich RANNEV
1969
Shipkov Ruslan Valeryevich
Volgograd
27/10/2020
06/08/2020
6,000
9497/19
05/02/2019
Household
Roman Yuryevich RUDAK
1993
Yuriy Vladimirovich RUDAK
1961
09/10/2020
06/08/2020
6,000
17060/19
06/03/2019
Andrey Anatolyevich SELIVANOV
1981
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
18/09/2020
30/06/2020
6,000
17145/19
06/03/2019
Magomed Pirmagomedovich PIRAYEV
1987
18/09/2020
08/07/2020
6,000
22931/19
05/04/2019
Aleksandr Viktorovich SACHKOV
1982
22/09/2020
30/07/2020
6,000
23520/19
31/05/2019
Aleksandr Nikolayevich TSYPLAKOV
1982
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention during transport - and in respect of allocation to a remote colony;
Art. 3 - inadequate conditions of detention during transport - round trip from IK-25 Komi Republic to FKLPUB-18 Komi Republic, van, train; on 03-04/04/2019; overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air.
09/10/2020
01/09/2020
7,000
28206/19
06/05/2019
Aleksey Yevgenyevich VENGLINSKIY
1980
22/09/2020
03/07/2020
6,000
34544/19
13/06/2019
Andrey Aleksandrovich SILANTYEV
1992
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
22/09/2020
01/07/2020
6,000
37522/19
20/06/2019
Daler Makhmadnaibovich TIRAMOKHIYEV
1974
18/09/2020
27/07/2020
6,000
47758/19
16/10/2019
Grigoriy Aleksandrovich SHEVCHUK
1964
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
03/09/2020
02/10/2020
6,000
47922/19
28/08/2019
Aleksey Vladimirovich TASKIN
1985
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
22/09/2020
26/06/2020
6,000
50152/19
01/09/2019
Artur Eduardovich SOROKIN
1965
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention - and in respect of allocation to a remote colony;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-29 Kirov Region, since 02/10/2018; 2 sq. m of personal space; lack of or insufficient electric light, lack of or insufficient natural light, overcrowding, no or restricted access to shower, lack of privacy for toilet.
09/10/2020
01/09/2020
8,500
58151/19
13/12/2019
Alan Mayranovich SOZAYEV
1987
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
27/10/2020
17/09/2020
6,000
186/20
24/12/2019
Aleksandr Ivanovich SAFRONOV
1966
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
27/10/2020
02/09/2020
6,000
4919/20
09/01/2020
Romel Kaadyr-oolovich SHUURGE
1984
Kozhevnikova Yelena Zafirovna
Nizhniy Tagil
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation in remote colony.
27/10/2020
25/08/2020
6,000
4958/20
06/01/2020
Roman Anatolyevich SHUT
1973
Korneyev Aleksey Igorevich
Bryansk
Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention - and allocation to a remote colony;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-5 Kirov Region from 04/03/2019 to 22/11/2019;
2 sq. m of personal space; overcrowding, insufficient number of toilets, lack of privacy for toilet, no or restricted access to shower, poor quality of food, lack or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen.
09/10/2020
04/08/2020
7,000
5911/20
14/01/2020
Aleksandr Anatolyevich ZUBOV
1974
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
27/10/2020
07/09/2020
6,000
9799/20
31/01/2020
Marina Mikhaylovna POPOVA
1964
Art. 13 - lack of any effective remedy in domestic law - in respect of placement in a remote colony.
27/10/2020
16/09/2020
6,000
9984/20
06/02/2020
Mikhail Yuryevich PERCHENYUK
1978
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 3 - inadequate conditions of detention after conviction - detention in IK-8 Komi Republic since 25/10/2018,
2 sq. m of personal space; overcrowding, lack of fresh air, mouldy or dirty cell.
20/10/2020
20/08/2020
7,800
16680/20
16/03/2020
Sergey Gennadyevich VANYUKHIN
1968
27/10/2020
19/08/2020
6,000
17756/20
19/03/2020
Aleksey Vladimirovich POTAPOV
1981
27/10/2020
16/09/2020
6,000
19306/20
10/04/2020
Fedor Aleksandrovich TYTSIK
1990
Brester Viktoriya Yevgenyevna
Krasnoyarsk
27/10/2020
23/09/2020
6,000
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy